>>: that will be in direct violation of the permit. that is one of the reasons what we do a follow-up. even when we do inspections on-site we have had venues where we have large bands there. as nicholas said, those inspections are thorough; we raise and lower the sound. we back the sound down until we know it's contained. this is a cost incurred by them. >> commissioner borden: i don't want to make it more difficult. in some ways i think it is hard to replicate turning up the volume and music system with the band. >>: that is true.

live music tends to be louder. we have a lot of experience doing this. we know that a push-up the dj system to the 95-96, 100 something dba we can get the numbers. the math is the math. >> commissioner borden: we talk about the boxes. are there general soundproofing requirements? a lot of places get hot. the minute windows are open -- >>: attached to every permit is a good neighbor policy, boilerplate conditions. 13 conditions. those range from lighting to procedures of not blocking sidewalks.

venues have to be enough ventilation. the cannot open the door. there are certain -- leniencies, you can be 8dba above in an industrial area, 5dba in a residential area. section e says that all of this is superseded by any permit issued by the city that includes the health department

where a sound limit is established. you cannot violate the sound code and on to pof that no sound can be leaking from the building. we have two big tools, 2900 from the mpc, the sound ordinaance, and we have our own ordinance. then you cannot leak sound. that venue have to control or mitigate their sond. >> commissioner borden: other different sound thresholds? >>: what you are talking about is base ambient sound. if you go down to market and venice -- that is always loud.

if you go to an intersection at 2 a.m. ambient is good to be different than five p.m.. one of the reasons why we like to test during the day is that believe it or not it is closer to ambient sound at night than at 5 p.m. >>: item a4 2012.0822 1865 post street, request for conditional use authorization. >>: my name is christina moreno planning department staff.

the item is a request for a conditional use authorization at the property on one eight six five post street. approximately 5000 square feet. the project would have live amplified music. the project sponsor was granted a limited live performance llp from their tenant commission on july 25th. it allows for a live performance in an establishment whose primary use is not live music. additional conditions were added to the llp that limited amplified levels

and sound system operation. in the august 16 hearing the planning commission continued the case to september 13 to allow the property to address concerns. from december 6 to feb. 7 the event was continued. sound inspection was conducted on oct. 18 by the inspector from the entertainment commission. some test indicating that a bona fide sound at 78 decibels was not audible; is limited to 74 decibels.

at this level no on the five down should be heard in the adjacent businesses. the project sponsor work with west coast sound solution. the following changes were made to the existing space: relocating the stage area approximately 60 feet away an adjoining wall with the cinemas; adding additional insulation material and relocating speakers away from the ceiling. the revised floorplan is included in your packet. the project sponsor received two citations from the entertainment commission; the first was for operating past 10 p.m. and exceeding conditions, and using the portable sound system. the second citation was issued on dec. 17 for operating past

10 p.m. both are paid and abated. no other citations are issued. attachments to the letter included petition of support from residents living directly across the street; a study conducted by -- acoustic consultant, since previous year the department has received four letters in opposition to the project. they have been transmitted to you via e-mail. in order for the project to proceed the condition must grant conditional use authorization. the department recommends approval with conditions.

the project would enhance -- and ensure the success of the current location attracting customers. it would enhance the economic diversity of the neighborhood by allowing the entertainment use of the area. local residents can access by walking or taking public transit. the business would serve the immediate neighborhood. this concludes a staff presentation. i'm happy to answer questions. inspector roger -- is here to also answer questions. >>: project sponsor?

>>: good afternoon commissioners. my name is john chey (sounds like) i'm one of the owners of -- we have improved the sound level at 94db, which was 74db from the first sound test. will use a microphone

to control and monitor the noise in the main sound board. we added a sound compressor and limiter set to 94db. also installed a new mixer with 16 channels. since our doors opened we have the support of many nonprofit organizations for alzheimer's disease, leukemia cancer and -- school to benefit the community and the city of san francisco. we do not charge a single penny for these organizations to use our place. we have not had any trouble with our customers of the police and we open for the past 9-10 months. we have not had a single incident involving any of our customers being drunk or

unruly. we have attracted a diverse customer base throughout the whole bay area and have created a safe place free from discrimination and prejudice. we have done everything that the plain department and the entertainment commission have asked us to do. we have added the shield, the sound compressor limited and a mixer that will control all instruments. by doing this we hope this will ease everyone's concern with the sound problem in the past. we have added a safe, fun, entertaining and positive image. we asked the city of san francisco support this good, wholesome venue.

without this all the out-of-town and local musicians would lose a place to perform. i am proud to be a part of the japan town community; we hope that the the city of san francisco will open their arms and welcome this venue. i want to thank the neighbors, and the japan -- copmmunity. can i also introduce my professional sound man, mr. balluny, (sounds like) if you

have questions. >>: good afternoon my name is -- ballunny. on dec. 6, 2012, we conducted sound tests in the loung and above to comply with section -- not to exceed 8db above ambient levels. we measured levels. under both circumstances we do not exceed 98db. the lounge also installed a sound limiter limits the noise

levels to 94 decibels. do you have any questions? >> president fong: we may have questions after public comment. go ahead and call public comment. (reading names) >>: good afternoon r president fong, commissioners, my name is nancy -- i am the vice president of sundance cinemas. we are next-door at 1865 post street.

i'm here to express concerns about the some problems and complaints from our audience from the loud music and shows at pa'ina. we played a strong role in the revitalization of japantown; we took it a theater the need of renovation and invested millions of dollars. we not only renovated the outside of the theater and made it more attractive but also completely remodeled and modernized the inside of the theater. this is not a destination. we draw people to japan town; would benefit the shops as well as the surrounding dining, entertainment areas and post, fillmore and gary. i am also proud to say that we are part of the fabric of japan

town; we hold several cultural events, the cherry blossom festival, kimuchi spirit awards, and the day of remembrance which is an annual event. at the sundance movie theater we play smaller, quieter films, not only the best of hollywood films but independent films and culture program such as the san francisco opera and the national theatre of london. as you can imagine both the films and special programs require a quiet setting. i just had a meeting with the san francisco film festival we shared concerns with me about the noise bleed issue. it is not workable to have music bleeding into our

auditoriums. we cannot have any kind of interruption to our patrons' ability to watch movies. pa'ian is next to our theater. we share walls. the ceiling is our floor. this present difficulties as people stand around the ada, the ramp by the theatre. they have not complied with the sound restrictions already required by the temporary permit and not in compliance with several liquor law restrictions related to sound and loitering. we are concerned that is the sup is violated -- >> president fong: your time is up.

>>: we just want everybody to enjoy their experience of sundance cinema. >> president fong: next speaker please. >>: my name is martin feinman the attorney for sundance kabuki cinemas, one of the businesses next door to the pa'ina loung. sundance with other businesses have been trying to work through various problems created by pa'ina. which we have not been able to resolve. ms. -- spoke about the noise bleed issue as well as the need for quiet environment in which to enjoy movies. and other immediate neighbor is his venerable kabuki hot springs and spa which obviously needs a tranquil environment for its patrons. the sound problem has occurred since pa'ina has had live

performances. s sundance has had to give numbers refunds. this is a real issue for sundance and other businesses. -- -- -- and -- -- i want to comment briefly on the report, the supposed sound report that the project sponsor submitted. i want to stress what it is and what it isn't.

from the very beginning that the project sponsor promised that they would bring us and consultant to make recommendations about noise abatement and containment, we still don't have that. what we have is a report that you have not received. we welcomed the consultants. instead we have a report that you now have. is asking for permission to go 20 decibels or more above the nubmer that the inspector for the entertainment commission has established. that is not responsible; that is not working to try to abate the noise. they want the ability to go higher. consider also the citations that pa'ina has already received. look at the citations. it paints a dangerous picture

about the fact that pa'ina is already in violation of the liquor license, of the entertainment commission. >> president fong: next speaker please. >>: and kathy nelson, director of the kabuki spa. i agree with everything that nancy and mr. feinman have said. i will also say in their favor that every time we called in the last several months, they have taking care of it. that is where i am at. i feel like i don't know -- but

thanks. >>: left and the commissioners my name is lenny san jose, an ukulele performer and a teacher the performing arts. i'm here to support pa'ina in several ways. i know how hard it is to find a great venue that is welcoming, friendly, that a professional stage and also all ages. being a teacher i want to invite students to perform on stage with me. i want to make sure that is a family-friendly venue/ pa'ina is all those things.

they are an asset to the community. the bring local acts, acts from hawaii. personally i use to not spend that much time in japantown; not that i am acquainted with the area and perform regularly i know what a nice place it is. pa'ina is a positive venue for this area. as a performer, as a teacher is a large benefit. it is a flagship for hawaiian acts. pa'ina is a wonderful place to meet and to continue this cultural dialogue. thank you. >> president fong: thank you. ricardo avalos, brendan blackmon, caroline alexander.

michael burke. lindsay grayson. samantha chang. >>: good afternoon members of the commission. my name is ricardo avalos also known as -- a drag peformer. i am in support of the permit for lots of reasons; i am also a performer. i haven't really been part of the community in japantown before i was performing. it is amazing what they are doing. as a gay person and a drag queen, i feel welcome. and contributes to the diversity in japantown. i am also patron, good food.

we contributed to a culture of artists, a growing culture of artists surrounding pa'ina lounge. bringing back the artistic soul. i'm privileged to be a part of that and to have built a relationship with pa'ina lounge. on top of the growing culture of artists surrounding the loung and the fillmore district, the performers coming in to pa'ina lounge share the entrepreneurial spirit that the owners have shown be example.

we are gone by 10 o'clock. it is bittersweet that we cannot hang around longer. there are places in san francisco where i don't feel comfortable going as a performer. i want to make sure that pa'ina doesn't get in trouble or develops a better petition because of people hanging out in front of its door. admire the policy of the owners, something i don't take lightly. i enjoy the space and the food and the stage is amazing. allowed performers have grown because of this. i thank you for your time.

>>: good afternoon commissioners. my name is brandon black. i am also a drag performer and an employee of pa'ina long on the weekends. it's not just music, they have plays, the african-american community, i have seen so many different acts; they give lower level entertainers the opportunity to perform and make money. people can grow the community at. i never was in japantown.

we have a designated smoking area in the back. it is not a nightclub. it is an dinner show type of thing and i definitely think they should have the permit. thank you. >> president fong: next speaker. >>: i am samantha. i am one of the owners, booking all performers at pa'ina. i am only 23 years old and given the opportunity by my dad to run this business. it hurts to see that we have to go through all this to get an entertainment license. i have the networking with the bands in hawaii. i want to give everyone the opportunity to perform.